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CAMS · Question #611

A foreign bank maintains a correspondent account in the US. According to an investigation carried out by US authorities, the specific correspondent account seems to have facilitated a transaction…

The correct answer is D. The USA PATRIOT Act. The USA PATRIOT Act grants US authorities the power to seize funds held in US correspondent accounts when those accounts facilitated transactions involving tainted funds.

Compliance Standards (International AML/CFT Standards and the role of FATF)

Question

A foreign bank maintains a correspondent account in the US. According to an investigation carried out by US authorities, the specific correspondent account seems to have facilitated a transaction involving tainted funds. Which allows the US authorities to seize the funds of the foreign bank held with the US bank?

Options

  • AThe Financial Crimes Enforcement Network Customer Due Diligence Final Rule
  • BThe 6th EU AML Directive
  • CRegulations of the Office of Foreign Assets Control, US Department of Treasury
  • DThe USA PATRIOT Act

How the community answered

(39 responses)
  • A
    10% (4)
  • B
    5% (2)
  • C
    3% (1)
  • D
    82% (32)

Why each option

The USA PATRIOT Act grants US authorities the power to seize funds held in US correspondent accounts when those accounts facilitated transactions involving tainted funds.

AThe Financial Crimes Enforcement Network Customer Due Diligence Final Rule

The FinCEN CDD Final Rule establishes customer due diligence and beneficial ownership requirements for financial institutions but does not grant seizure or forfeiture authority over correspondent account funds.

BThe 6th EU AML Directive

The 6th EU AML Directive is a European Union instrument that applies to EU member states and their obliged entities and has no jurisdictional authority over US law enforcement actions.

CRegulations of the Office of Foreign Assets Control, US Department of Treasury

OFAC regulations administer and enforce economic and trade sanctions programs targeting specific countries, entities, and individuals but do not provide the legal mechanism to seize correspondent account funds based on a money laundering transaction.

DThe USA PATRIOT ActCorrect

Section 319(a) of the USA PATRIOT Act explicitly authorizes US law enforcement to seize or forfeit funds from a US correspondent account held by a foreign bank when that account has been used to facilitate money laundering or other crimes, even if the tainted funds are no longer present in the US account.

Concept tested: USA PATRIOT Act correspondent account forfeiture authority

Source: https://www.fincen.gov/resources/statutes-and-regulations/usa-patriot-act

Topics

#USA PATRIOT Act#correspondent accounts#asset seizure#tainted funds

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